OMB Approves EPA’s Mercury-Cell NESHAP Final Rule

Yesterday OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the EPA on “National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review”. This rulemaking proceeded under a court-ordered timeline as a result of a citizen suit against the Agency. The current deadline for issuing the final rule is May 2^nd, 2022 and it looks like the EPA will meet that schedule.

According to the abstract for this rulemaking in the Fall 2021 Unified Agenda:

“This action will address the agency’s residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Mercury Cell Chlor-Alkali Plants. The Mercury Cell Chlor-Alkali Plants NESHAP, subpart IIIII, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on December 19, 2003. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from these facilities. The HAP emitted from the mercury cell chlor-alkali operations include mercury and chlorine. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6).”

In an interesting side-light, the judge that handled the law suit involving this rulemaking was Ketanji Brown Jackson, the most recent addition to the Supreme Court.